[§124A-53]  Investigation.  (a)  No
charge or specification may be referred to a general court-martial for trial
until a thorough and impartial investigation of all the matters set forth
therein has been made.  This investigation shall include inquiry as to the
truth of the matter set forth in the charges, consideration of the form of
charges, and a recommendation as to the disposition which should be made of the
case in the interest of justice and discipline.



(b)  The accused shall be advised of the charges
against the accused and of the accused's right to be represented at that
investigation by counsel.  Upon the accused's own request the accused shall be
represented by civilian counsel if provided by the accused, or military counsel
of the accused's own selection if such counsel is reasonably available, or by
counsel detailed by the officer exercising general court-martial jurisdiction
over the command.  At that investigation full opportunity shall be given to the
accused to cross-examine witnesses against the accused if they are available
and to present anything the accused may desire in the accused's own behalf,
either in defense or mitigation, and the investigating officer shall examine
witnesses requested by the accused.  If the charges are forwarded after the
investigation, they shall be accompanied by a statement of the substance of the
testimony taken on both sides and a copy thereof shall be given to the accused.



(c)  If an investigation of the subject matter
of an offense has been conducted before the accused is charged with the
offense, and if the accused was present at the investigation and afforded the
opportunities for representation, cross-examination, and presentation
prescribed in subsection (b), no further investigation of that charge is necessary
under this section unless it is demanded by the accused after the accused is
informed of the charge.  A demand for further investigation entitles the
accused to recall witnesses for further cross-examination and to offer any new
evidence in the accused's own behalf.



(d)  The requirements of this section are
binding on all persons administering this chapter but failure to follow them
does not divest a military court of jurisdiction. [L 1982, c 171, pt of §2; gen
ch 1985]